PECKHAM v. STATE


54 A.D.2d 599 (1976)

Sarah J. Peckham, as Administratrix of The Estate of Sam O. Peckham, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 56994.) (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

September 24, 1976


Judgment unanimously affirmed, with costs.

Memorandum:

The State's appeal in each of these cases is based upon its contention that it was not negligent in the construction, maintenance or marking of the highway where the accident occurred, but that even if it was negligent, such negligence was not the proximate cause of the accident. There was ample evidence to support the trial court's finding that at the point of the accident the State had violated its own...

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